Former mayor of Surrey, B.C., found not guilty of public mischief

The former mayor of Surrey, B.C., has been found not guilty of public mischief following a headline-making trial.

Doug McCallum was accused of making a false police report alleging a political opponent ran over his foot during a heated dispute in a grocery store parking lot last year.

Judge Reginald Harris delivered his verdict Monday morning, telling the court he was satisfied beyond a reasonable doubt that McCallum had been run over during the confrontation.

Harris cited the medical records from McCallum's visit to an emergency room, which indicated there was bruising on the mayor's foot, but no broken bones or swelling.

McCallum was in tears as the verdict was read out, and hugged former city councillor Laurie Guerra, who testified in his defence. He later gave a brief statement outside court, but did not take any questions from reporters.

"I am pleased with the decision, and I want to thank my lawyers for their tremendous efforts in this case. I want to give a very special thanks to my family for understand and supporting me," McCallum said.

"To the people of Surrey, I love you. I love all of you." 

The judge also acknowledged a number of inaccuracies in the statements McCallum made while reporting the incident, but said he didn't believe the mayor was deliberately misleading investigators. Instead, Harris blamed the inaccuracies on the fear and stress McCallum would have been experiencing as a result of the interaction.

The dispute unfolded outside a Save-On-Foods in September 2021, while Deborah Johnstone was volunteering with a campaign to scrap Surrey's transition away from the RCMP to a municipal police force.

McCallum told authorities that Johnstone had pulled up beside him in a convertible and later "floored it" while leaving the scene, running over his foot in the process.

"I thought she was going to peel rubber," the former mayor said in the video, which was shown in court.

But surveillance video from the parking lot captured McCallum walking over to Johnstone's car, and the driver pulling away slowly after they exchanged words.

The B.C. Prosecution Service told CTV News the special prosecutor who oversaw the case has "carefully reviewed the decision" and will not be filing an appeal.

Gordon Comer, deputy director of policy and justice issues for the BCPS, noted there are limited circumstances in which prosecutors can pursue an appeal.

"The appeal process under the Criminal Code is an onerous one, with specific threshold tests that must be met," Comer said in an email.

For his trial, McCallum hired high-priced lawyer Ricard Peck – who also represented Huawei executive Meng Wanzhou – at the expense of Surrey taxpayers.

McCallum was defeated during last month's municipal election, and his replacement, Brenda Locke, has asked outside counsel to investigate how to recoup those costs from the former mayor.

However, it’s unclear if the city is still paying McCallum’s legal bills.

Locke said she didn’t have time Monday for an interview, but released a statement saying the city will “continue to explore its options in relation to Mr. McCallum’s legal issues and I am expecting an update in the next few weeks. I will also be asking for a review of the Indemnification By-Law so it can be improved to ensure this won’t happen again.”

Outside court, Geurra said she had previously been harassed by Johnstone, saying elected officials shouldn’t be subjected to this.

She also questioned the RCMP investigation that led to the charges.

“They changed the narrative. Rather than the mayor saying his foot was run over, now he’s being charged,” Guerra said.

CTV News contacted the RCMP’s E-Division, which investigated the file, but did not hear back. 

With files from CTV News Vancouver’s Regan Hasegawa and Lisa Steacy 

McCallum has made a brief statement, but did not take any questions from reporters. He was visibly emotional when the verdict was read in court, in tears has he hugged former city councillor Laurie Guerra who testified in his defence. @CTVVancouver #Surrey https://t.co/8ma7bQb9KH pic.twitter.com/yAhbpSEZuW

— Regan Hasegawa (@rhasegawaCTV) November 21, 2022